Can my employer regularly postdate payroll checks?

UPDATED: Sep 17, 2011

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Can my employer regularly postdate payroll checks?

Many employees went into heavy overdraft and were left with no funds over the weekend; many have children. This has become a regular occurrence. What resources do employees have to ensure this does not happen again? If a grievance is filed, can that employee be legally fired?

Asked on September 17, 2011 under Employment Labor Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking an employer can not post date a check.  But it is my understanding that in the state of California - as in many other states - it is actually  illegal for an employer to post date a check.  The state of California has many payroll laws that deal with when and how you are to get your money.  You are well protected in that area.  I can surely understand in this economy how you would hesitate to say anything that would cause you to be fired.  But whistle blower laws may in fact protectyou from retaliation here.  It is not just for those that report safety violations.  Contact your Department of Labor and the State Attorney General.  Ask anonymously first if need be. Good luck.

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